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Is seniority illegal

Postal workers discussion forum. Discuss the day to day life in a Blue Shirt.
P739
Posts: 277
Joined: 20 Sep 2007, 13:48

Is seniority illegal

Post by P739 »

Was having a discussion with fellow Posties on this subject yesterday and this came up...Can anyone shed any light on the subject....thanks.
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: Is seniority illegally

Post by fishtank »

Unlawful?
In the words of Kenny Dalglish...Mibbies Aye Mibbies Naw.
It depends on the application.
You decide. :neutral:

Equality Act 2010 Chapter 15 Schedule 9 — Work: exceptions
Part 2 — Exceptions relating to age
http://www.legislation.gov.uk/ukpga/201 ... 015_en.pdf" onclick="window.open(this.href);return false;

Benefits based on length of service
10 (1) It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility or service in so far as the disadvantage is because B has
a shorter period of service than C.
(2) If B’s period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need.
(3) A person’s period of service is whichever of the following A chooses—(a) the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or
(b) the period for which the person has been working for A at any level.
(4) The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A.
(5) But for that purpose A may, so far as is reasonable, discount—
(a) periods of absence;
(b) periods that A reasonably regards as related to periods of absence.
(6) For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if—
(a) that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or
(b) if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person’s employment was transferred to A.
(7) For the purposes of this paragraph, the reference to a benefit, facility or
service does not include a reference to a benefit, facility or service which may
be provided only by virtue of a person’s ceasing to work.
good times, bad times you know I've had my share
keithposty
Posts: 918
Joined: 22 Feb 2011, 11:44
Gender: Male

Re: Is seniority illegally

Post by keithposty »

seniority in royal mail is done on LENGTH OF SERVICE and not age or sex

seniority is not unlawful to be correct and not illegal

incomming and tin hat out :Very Happy
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: Is seniority illegally

Post by fishtank »

Using length of service does not automatically make it lawful.
After all you can hardly have 20 years service if you're 25 years old,
It is a very complicated business and each case has to be judged on it's own merits.
Trying to box it up as lawful or unlawful is about as easy as nailing jelly to a wall.
good times, bad times you know I've had my share
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: Is seniority illegally

Post by fishtank »

Throw in a difference in earning opportunities and it gets really messy.
Throw in the fact that women on average have less service and the lawyers will be filling their boots arguing for months.
good times, bad times you know I've had my share
DGP1
Posts: 15551
Joined: 07 Jun 2007, 20:39
Gender: Male
Location: Terminus

Re: Is seniority illegally

Post by DGP1 »

FT, lawyers could argue for months over what colour a sign should or shouldn't be, for something as complex as seniority it would be years.

Anyway, can anyone think of a better system?
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hantsman
EX ROYAL MAIL
Posts: 876
Joined: 14 Jul 2009, 09:33
Gender: Male

Re: Is seniority illegally

Post by hantsman »

keithposty wrote:seniority in royal mail is done on LENGTH OF SERVICE and not age or sex

seniority is not unlawful to be correct and not illegal

incomming and tin hat out :Very Happy

Leave in RM using seniority I believe is not lawful,
P739
Posts: 277
Joined: 20 Sep 2007, 13:48

Re: Is seniority illegally

Post by P739 »

What about (ring fencing duties) that can't be right..?
hampshireman
Posts: 792
Joined: 18 Dec 2009, 15:17
Gender: Male

Re: Is seniority illegally

Post by hampshireman »

hantsman wrote:
keithposty wrote:seniority in royal mail is done on LENGTH OF SERVICE and not age or sex

seniority is not unlawful to be correct and not illegal

incomming and tin hat out :Very Happy

Leave in RM using seniority I believe is not lawful,
They do that in my office
welshy808
Posts: 182
Joined: 26 Jun 2009, 20:51
Gender: Male

Re: Is seniority illegally

Post by welshy808 »

hampshireman wrote:
hantsman wrote:
keithposty wrote:seniority in royal mail is done on LENGTH OF SERVICE and not age or sex

seniority is not unlawful to be correct and not illegal

incomming and tin hat out :Very Happy

Leave in RM using seniority I believe is not lawful,
They do that in my office
I was under the impression that as all deliveries were supposed to be equal that seniority would be lawful in a re-pick, as no advantage would be gained from using seniority
but there would be an advantage when using seniority to select leave days therefore it would be unlawful to use seniority and that is why it is no longer used to select leave.
Last edited by welshy808 on 08 Mar 2012, 18:49, edited 1 time in total.
andybfc
Posts: 46
Joined: 27 Oct 2008, 18:28
Gender: Male

Re: Is seniority illegal

Post by andybfc »

Whats the official line on this? Seniority is used for annual leave in my office.
jonsboys
Posts: 64
Joined: 22 May 2011, 16:23
Gender: Male

Re: Is seniority illegally

Post by jonsboys »

hantsman wrote:
keithposty wrote:seniority in royal mail is done on LENGTH OF SERVICE and not age or sex

seniority is not unlawful to be correct and not illegal

incomming and tin hat out :Very Happy

Leave in RM using seniority I believe is not lawful,
Its not in ours, and it should not be in any! You are on a list and each year your name moves up one on the list until you are at the top. So your office is wrong and unfair in its practices, it should be the same fair system across rm!
welshy808
Posts: 182
Joined: 26 Jun 2009, 20:51
Gender: Male

Re: Is seniority illegally

Post by welshy808 »

jonsboys wrote:
hantsman wrote:
keithposty wrote:seniority in royal mail is done on LENGTH OF SERVICE and not age or sex

seniority is not unlawful to be correct and not illegal

incomming and tin hat out :Very Happy

Leave in RM using seniority I believe is not lawful,
Its not in ours, and it should not be in any! You are on a list and each year your name moves up one on the list until you are at the top. So your office is wrong and unfair in its practices, it should be the same fair system across rm!
this is the first example given in the way forward agreement, it's also the one used in our office.
perhaps this is where the confusion comes from as it is acceptable to set the initial pick within a group by seniority as long as it rotates after.
so seniority was used but only in the very first instance and within a specific leave group not for the entire office.
genesis
Posts: 220
Joined: 29 May 2007, 21:04

Re: Is seniority illegal

Post by genesis »

Without seniority there is no progress , at the time of writing our office has newish posties in better jobs, although walks are equal seniority enables you to get the one you want ,not as we are experiencing currently where senior men seem because of revisions to be doing the more (let us say undulating ones ). Its also open to abuse with managers placing favorites in walks temporarily , which becomes long term ,very long term.
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POSTMAN
SITE ADMINISTRATOR
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Gender: Male

Re: Is seniority illegal

Post by POSTMAN »

Seniority and annual leave,good discussion here with some interesting info,including,page 4...
dingo wrote:I think your find that after the way forward agreement , there was a further agreement covering annual leave section between Martin Collins and Adrain Delslo from Royal Mail. This further document allowed for offices to keep seniority and a lot of offices have still got these in place.
http://www.royalmailchat.co.uk/communit ... 15&t=40008" onclick="window.open(this.href);return false;
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